‘Duncan remains dismissed’
Sherod Duncan
Sherod Duncan

…Harmon, PM say new board will look into issue of reinstatement
…cabinet to discuss matter next Tuesday

THE issues surrounding Sherod Duncan, whose services were terminated by the Board of Directors of the Guyana National Newspapers Limited (GNNL) in April this year, will engage Cabinet at its next meeting scheduled for Tuesday.

Director General of the Ministry of the Presidency, Joseph Harmon, made the disclosure during a post cabinet press briefing on Friday at the Ministry of the Presidency.
Harmon said Duncan will remain off the job, and it will take a new Board to determine if he can find employment at the company again.

“Government respects the independence of Boards once they are appointed, and my understanding is that the Board took a decision with respect to the termination of Mr. Duncan,” the Director General said. “Government’s position is that Mr. Duncan is off the job,” he said while fielding questions from reporters.

The Board of Directors of the Guyana Chronicle had taken a majority decision to dismiss Duncan in April this year after an audit report found over 20 transactions that did not follow financial regulations.He was on probation at the time  last year when the transactions were done.

Approximately two weeks ago, Prime Minister Moses Nagamootoo ordered the board to rescind its decision and reinstate Duncan.

Prime Minister Nagamootoo reiterated his position on Friday evening.In a statement, it was noted by the Prime Minister that his directive to the former Chairman of the Board of the Guyana National Newspapers Ltd is for the decision to dismiss Duncan to be rescinded.

However, the Board has not done so and the Chairperson and three members have since resigned.”Prime Minister Nagamootoo is in the process of reconstituting the Board, after which the matter concerning the status of Mr. Duncan will be considered by the newly constituted Board,” the statement read.

The Prime Minister said he remains firmly of the view that the issue of the reinstatement of Duncan has to be the subject of a decision based on due process and procedural fairness. Such a decision must be based on the matter being put to a vote, which was not the case when Mr. Duncan was deemed to have been dismissed.

Nagamootoo said he fully supports the explanations given by Harmon on Friday and added that and these in no way negativise or over-ride the his directive.

In response to the prime minister’s instruction on the matter recently, the Chairman of the Board, Geeta Chandan-Edmond, and three other members – Mervyn Williams, Hilbert Foster and Dr. Arron Fraser –tendered their resignation.
A copy of the prime minister’s letter dated the May 31, 2019 to the Chairman of the Board, Attorney-at-Law, Geeta Chandan-Edmond, stated, “I have received information from Directors of GNNL, that there was no vote put to the meeting by the Chair, and any statement to the contrary is wholly false.”

Director General of the Ministry of the Presidency, Joseph Harmon

Prime Minister Nagamootoo, in his letter, contended that there was a glaring irregularity in arriving at the decision to terminate the services of Duncan. “It must be clear that asking members of the Board their views on a situation does not amount to a vote,” he said.
The prime minister said that Duncan was unilaterally terminated and it was arbitrary, capricious, unlawful and in excess of the jurisdiction of the Board.

“I am concerned that you have misled the office of the prime minister with the erroneous claim that the Board of Directors came to this decision. It is clear that you deliberately sought to terminate Mr. Duncan which did not accord with due process and procedural fairness, and I instruct that that decision be rescinded,” the prime minister stated in his letter.

Meanwhile, Chandan-Edmond in her response to the prime minister, dated June 4, 2019, said, “when I accepted the position of Chair of the Board of Directors of GNNL, it was with the understanding that my professionalism and integrity would not be unfairly assailed. I find that your letter not only calls into question my professionalism, but the professionalism of fellow members of the Board of GNNL. In light of this, I hereby submit my resignation as Chairman of the Board of Directors, with immediate effect…”
Further, Chandan-Edmond stated that on the special statutory meeting, which was held on the April 2, 2019, following a call of vote on the matter of termination of Duncan’s services, three directors voted against the termination of services and three directors in favour of termination, which were proven in the minutes of the meeting.

“I exercised my right to execute a casting vote, in keeping with provision 94 as was recorded in and verified in the minutes of the proceedings. Additionally, I wish to state that I rely on my report to you into this matter and reiterate, that the process was fair and transparent, there was due process and all principles of natural justice were adhered to,” the former magistrate and chairperson stated in her letter.

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